First, the content should be complete, and the author is divided into two parts: auxiliary content and subjective content. The content of the auxiliary part refers to the time and place of obtaining evidence, the respective identities and relationships of witnesses and investigators, and the background in obtaining evidence. 1. Time and place of obtaining evidence: the time should be accurate, recorded in Gregorian calendar, with the start time, and the relay time should be indicated if there is any interruption. The place is where investigation and evidence collection are conducted. 2. Basic information of the witness: the name should be written correctly, the legal name should be written, and someone should sign it. Because of the cultural quality, it may be different from the ID card. You should explain this situation, and also ask the rest about gender, age, education level, occupation, political faction, family situation, work unit and place of residence. 3. The identity, name, gender, work unit and position of the investigator shall be recorded, including the recorder. 4. Investigation situation refers to the atmosphere and situation reflected in the whole process of obtaining evidence through transcripts. It is directly related to the success and effectiveness of evidence collection. The normal situation should be like this: through the investigation, conversation, ideological and political work and criticism and education on mass issues, a thread is displayed: there are both peaceful and natural talks and the authority of the party and state policies and laws; There are not only the tone of serious criticism and education, but also the ideological and political work encouraged by policies, and there are also records of the fair, sincere, serious and amiable working attitude of our case handlers. Never reflect the fact that investigators extort confessions by torture, induce confessions, insult or even insult witnesses. The main content: refers to the true situation of the case at that time provided by the witness through words. In objective reality, the real situation of the case at that time was all-encompassing, but when witnesses testified, they usually proved it through judgments and statements. Judgment proof means that the witness makes a "yes or no" judgment on the attributes, characteristics and existence of things related to the case, focusing on reflecting the shape, attributes and characteristics of things. For example, ask a witness if he saw a stranger come to a director's house one night with something in his hand. Declarative proof: refers to the witness's statement of the occurrence, development and process of the whole case or a small plot. Including the time and place of the case, the people involved, what happened, the reasons and the consequences. The key point is that each judgment is objectively consistent with the case at that time: comprehensive statements and each statement should be consistent with the case at that time; Mastering these internal laws of the transcript will make it easier to obtain more comprehensive and authentic evidence. Second, skills should be diverse. As a pen operator, you should practice your internal skills hard. On the one hand, we should have good writing ability and writing speed. On the other hand, we should have extensive social knowledge and professional knowledge. With these foundations, making records will be handy. According to many years' practice, the author thinks that there are several methods and techniques to record the investigation. 1, there are roughly three recording methods. Recording method: that is, how to record what the witness said and draw a picture like a gourd. This is an ideal way of recording, but this way is based on the premise that witnesses have high cultural quality, concise language, clear thinking, strong logic, good memory and slow speech, which is rare in reality. Oral law: it is a record made according to the witness's words and processed by the recorder's language, but it must conform to the original intention of the witness. This kind of record is suitable for witnesses who can't express their ideas, say different things, have confused thoughts and minds, or have a strong dialect and can't express themselves clearly unintentionally. Descriptive recording: Sometimes some witnesses are too excited to know what they are talking about, or deliberately make up lies, or speak too fast for you to record. In this case, there is another way: spare a piece of draft paper, listen carefully first, while writing down the content, main plot, key paragraphs and simple and clear vocabulary of the conversation, and then confirm the authenticity of its content after the speech, or enrich and improve it on the official record after the other party's mood adjustment. 2. Grasp the essence and obtain effective evidence. A verbal evidence is only a few keywords, which can be used to characterize the case. If the keywords related to the case characterization are not remembered or unclear and inaccurate, this evidence is equal to none. Different cases have errors of different nature, each with its key qualitative words and substantive content. If the method of obtaining evidence is correct, effective evidence can be obtained. For example, the mistake of the nature of whoring is mainly to grasp the transmission of money, material and other interests between the two sexes, as well as the sexual relationship under this premise. If the record is not accurate, it is impossible to determine the gender, which is what is commonly said, "it is just a layer of paper that has not been punctured." For example, in the style case, the woman talked about the critical moment that can be qualitative. Due to women's psychological reasons, she just said a word and "slept with him". In fact, this "sex" is sex, which is a key word. But according to the original life record, it can't be qualitative. Although both investigators and witnesses got the message, the fact is the same. At this time, we should grasp the essence and explain it in parentheses: it means having sex. The evidence obtained in this way is effective and useful. Sometimes when it comes to the point, the other party doesn't talk at all. At this time, the investigator should speak for him, and then ask the other party, just asking the other party to give a yes or no answer. Third, pay attention to several issues. First, pay attention to the collection of original documentary evidence and physical objects in records. Sometimes witnesses will talk about documentary evidence and physical evidence, so we should pay attention to the collection and extraction. The second is to pay attention to measurement, time and orientation. Remember the accuracy and standards of time and measurement as much as possible, and emphasize the background time, such as the time of holidays, parties and major local events, which is conducive to accuracy and recall. Orientation should pay attention to grasping the reference system according to local habits. Third, pay attention to the habits and differences of local dialects and appellations, and use dialects and minority languages correctly. Dialects should be well connected with Chinese. Some dialects can't find words in Chinese, so they can be marked with Chinese Pinyin.
legal ground
Criminal procedure law
Article 87 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, together with case files and evidence, and submit it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs. Article 88 After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be questioned: (1) having doubts about whether the conditions for arrest are met; (2) The criminal suspect requests to make a face-to-face statement to the procurator; (3) There may be major illegal acts in the investigation activities. When examining and approving an arrest, the people's procuratorate may question witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.